A. Required Connections:
1. The owner or operator of any lot improved or to be improved with a principal structure used for human occupancy, with access to an available water main, shall connect, in accordance with and pursuant to this chapter and title 16, chapter 16.19 of this code, any such principal structure's plumbing system to the village waterworks system, at such time as any one of the following conditions are met:
a. Within ninety (90) days of transfer of fee simple or beneficial title to a lot improved with an existing principal structure used for human occupancy that, upon such transfer, has a plumbing system not connected to the village waterworks system;
b. As a requisite condition of obtaining a building permit to construct, install or cause to be constructed or installed a new principal structure used for human occupancy;
c. As a requisite condition of obtaining a building permit for the development, redevelopment, rezoning or major renovation (as defined by the zoning ordinance) of a principal structure used for human occupancy;
d. When an existing principal structure located on a lot served by a private potable water supply system, and such system requires major repairs. For the purposes of this section, major repairs shall be defined as repairs requiring one or more of the following: 1) the deepening of an existing well shaft; or 2) the construction and installation of a new well shaft.
e. Following the effective date of this section, upon notice of the completion and availability of an available village funded water main.
B. Exceptions: Notwithstanding anything to the contrary, the mandatory connection requirements in subsection A of this section shall, in the following limited circumstances, not apply where:
1. A lawfully permitted principal structure used for human occupancy, that has a valid certificate of occupancy, is serviced by a private potable water supply and system, and is located on a lot for which no portion of the principal structure is within two hundred feet (200') of the village waterworks system.
2. An existing private potable water supply system, otherwise allowed under the provisions of this subsection, requires minor repairs and will: a) require a temporary disconnection causing a discontinuation or interruption of water service for a period less than seven (7) days; and b) which minor repair will include one or more of the following: 1) disinfection; 2) cleaning; 3) electrical repair; 4) pump replacement of the private potable water supply or system; or 5) repair or replacement of piping from the well to the structure.
C. Penalties/Violations: Any owner or occupier of any lot who fails to make the required connection outlined in this section within thirty (30) days' notice by the village shall pay a fine of not less than fifty dollars ($50.00), nor more than seven hundred fifty dollars ($750.00) for said violation. Each day in which any such violation shall continue shall be a separate offense.
D. Extension Of Water Main: At any such time that connection is required or elected to be made to a village owned water main, if the existing public water main does not extend or is not available along the full length of the property frontage on at least one side of the property making connection, the property owner shall be responsible for extending the water main (in accordance with the village's master plan for water extensions) to their far property line in accordance with the village's requirements and title 16, chapter 16.19 of this code and conveying said water main extension to the village upon completion.
E. Payment of Fee in Lieu of Installation: In the event that a property owner cannot construct the water main as required, the requirements for construction of water main extensions may be met by the payment of a fee in lieu of construction. The calculation of the fee shall be based upon the estimated cost of construction, as set forth herein. The fees collected by the Village shall be specifically identified and maintained as a separate account within the Village's Water Fund for the water main extensions. The property owner will be considered to have met his/her obligation to construct the required improvement.
1. Separate Fund Account Established: A separate account within the Water Fund is hereby established for fees paid in lieu of construction. Payments of fees in lieu of water main infrastructure shall be deposited within that designated account.
2. Use Of Funds: Fees collected shall be utilized for the design and construction of capital improvements to water mains in the areas where the fees are collected.
Funds shall only be utilized to upgrade or extend public infrastructure to tracts of land that are in the corporate boundaries of the Village. Funds obtained from payments in lieu of construction shall not be utilized for the upgrade, repair, or maintenance of existing Village infrastructure unless meeting the criteria in this paragraph.
3. Fee Schedule: The Village of Beach Park has determined that the following standard fees shall apply whenever this alternative is selected for implementation. All fees are based upon the lineal foot of frontage of the subdivision / tract of land:
Fee up to 60 foot wide lot | Fee for 61 foot to 100 foot wide lot | Fee for 101 foot to 200 foot wide lot | |
Water Main | $14,000.00 | $24,000.00 | $48,000.00 |
The fees above shall be reduced by fifty percent (50%) when there are lots on both sides of the right-of-way where the watermain will be constructed.
Beginning May 1, 2021 and for every year thereafter the amount of the fees set forth above shall be automatically adjusted for the increase or decrease in construction costs during the previous calendar year. The Engineering News Record Construction Cost Index or other cost adjustment index published by a reliable/reputable source shall be utilized by the Village Administrator to update the published fee amounts.
The President of the Board of Trustees may adjust (reduce) the standard fee at the time the fee is determined to consider unusual circumstances in specific cases to help ensure that the fee amount has been fairly calculated.
4. Payment Of Fees: The Village Administrator or his/her designee shall calculate the amount of a fee as set forth in these regulations. The Village Administrator is hereby designated to administer this payment of fee in lieu of construction program. Payments may be by cash or check made payable to the Village of Beach Park. The payment of fees in lieu of construction of public water main infrastructure shall satisfy the requirement that public infrastructure be constructed as part of the requirements of this chapter to install water mains. The connections from the water main to any structure on private property are not included and the cost remains the responsibility of the property owner.
5. Assessments For Public Infrastructure Improvements: Nothing contained herein shall affect the right of the Village of Beach Park to enact ordinances requiring assessments for construction of public infrastructure from property owners as authorized under the Illinois Compiled Statutes in accordance with statutory rights granted to municipalities.
6. Service Extensions: Payment of a fee in lieu of construction shall in no way obligate the Village of Beach Park to extend public water lines or sanitary sewers to provide service to any property within the applicable subdivision, nor does it obligate the Village of Beach Park to construct public infrastructure within the applicable subdivision. (Ord. 2021-O-04 § 1: Ord. 2015-O-4)